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TABLE OF CONTENTS
1. SCOPE
2. CONCLUSION OF CONTRACT
3. RIGHT OF WITHDRAWAL
4. PRICES AND PAYMENT TERMS
5. DELIVERY AND SHIPPING TERMS
6. RESERVATION OF TITLE
7. LIABILITY FOR DEFECTS (GUARANTEE)
8. SPECIAL CONDITIONS FOR THE PROCESSING OF GOODS ACCORDING TO SPECIFIC CUSTOMER SPECIFICATIONS
9. REDEMPTION OF PROMOTIONAL VOUCHERS
10. REDEMPTION OF GIFT CERTIFICATES
11. GOVERNING LAW
12. JURISDICTION
13. ALTERNATIVE DISPUTE RESOLUTION
1) SCOPE OF APPLICATION
1.1 THESE TERMS AND CONDITIONS (HEREINAFTER "GTC") OF DINO PAVLINOVIC | KYIV UNDERGROUND (HEREINAFTER "SELLER"), APPLY TO ALL AGREEMENTS FOR THE SUPPLY OF GOODS ENTERED INTO BY A CONSUMER OR BUSINESS (HEREINAFTER "CUSTOMER") WITH THE SELLER IN RELATION TO THE GOODS DISPLAYED BY THE SELLER IN ITS ONLINE STORE. THE INCLUSION OF CUSTOMER'S OWN TERMS IS HEREBY DISCLAIMED, UNLESS OTHERWISE AGREED
1.2 THESE TERMS AND CONDITIONS APPLY TO CONTRACTS FOR THE DELIVERY OF GIFT VOUCHERS, UNLESS OTHERWISE ARRANGED.
1.3 A CONSUMER FOR THE PURPOSES OF THESE TERMS AND CONDITIONS IS ANY NATURAL PERSON WHO CONCLUDES A LEGAL TRANSACTION FOR PURPOSES WHICH CAN MAINLY BE ATTRIBUTED TO NEITHER THEIR COMMERCIAL NOR THEIR INDEPENDENT PROFESSIONAL ACTIVITIES
1.4 A ENTREPRENEUR IN THE PURPOSES OF THESE TERMS AND CONDITIONS IS A NATURAL OR LEGAL PERSON OR A LEGAL PERSON, WHICH CONCLUDES A LEGAL DEAL IN THE EXERCISING OF THEIR COMMERCIAL OR INDEPENDENT PROFESSIONAL ACTIVITIES.
2) CONCLUSION OF CONTRACT
2.1 THE PRODUCT DESCRIPTIONS CONTAINED IN THE SELLER'S ONLINE SHOP DO NOT REPRESENT BINDING OFFERS BY THE SELLER, BUT ARE INTENDED FOR THE CUSTOMER TO SUBMIT A BINDING OFFER.
2.2 THE CUSTOMER CAN SUBMIT THE OFFER VIA THE ONLINE ORDER FORM INTEGRATED IN THE SELLER'S ONLINE SHOP. THE CUSTOMER, AFTER PLACING THE SELECTED GOODS IN THE VIRTUAL SHOPPING BASKET AND RUNNING THE ELECTRONIC ORDERING PROCESS, SUBMITS A LEGALLY BINDING CONTRACTUAL OFFER REGARDING THE GOODS CONTAINED IN THE SHOPPING BASKET BY CLICKING THE BUTTON THAT CONCLUDES THE ORDERING PROCESS . THE CUSTOMER MAY ALSO SUBMIT THE OFFER TO THE SELLER BY TELEPHONE, BY EMAIL OR VIA THE ONLINE CONTACT FORM
2.3 THE SELLER MAY ACCEPT THE CUSTOMER'S OFFER WITHIN FIVE DAYS,
BY TRANSMITTING THE CUSTOMER A WRITTEN ORDER CONFIRMATION OR AN ORDER CONFIRMATION IN TEXT FORM (FAX OR E-MAIL), IN THIS EXTENT, RECEIVING OF THE ORDER CONFIRMATION AT THE CUSTOMER IS DECISIVE, ODE
· BY DELIVERING THE ORDERED GOODS TO THE CUSTOMER, IN THIS EXTENT THE CUSTOMER'S RECEIPT OF THE GOODS IS DECISIVE, ODE
· BY REQUESTING THE CUSTOMER TO PAY AFTER PLACING THEIR ORDER.
IF SEVERAL OF THE ABOVE-MENTIONED ALTERNATIVES ARE AVAILABLE, THE CONTRACT WILL FORM AT THE TIME AT WHICH ONE OF THE ABOVE-MENTIONED ALTERNATIVES APPEARS FIRST. THE PERIOD FOR ACCEPTANCE OF THE OFFER BEGINS ON THE DAY AFTER SENDING THE OFFER BY THE CUSTOMER AND ENDS ON THE EXPIRATION OF THE FIFTH DAY FOLLOWING THE SUBMISSION OF THE OFFER. IF THE SELLER DOES NOT ACCEPT THE CUSTOMER'S OFFER WITHIN THE ABOVE-MENTIONED PERIOD, THIS IS CONSIDERED AS A REJECTION OF THE OFFER WITH THE CONSEQUENCE THAT THE CUSTOMER IS NO LONGER BOUND BY HIS DECLARATION OF INTENT.
2.4 IF YOU SELECT A PAYMENT TYPE OFFERED BY PAYPAL, PAYMENT WILL BE PROCESSED THROUGH THE PAYMENT SERVICE PROVIDER PAYPAL (EUROPE) S.À RL ET CIE, SCA, 22-24 BOULEVARD ROYAL, L-2449 LUXEMBOURG (HEREINAFTER: "PAYPAL"), UNDER PAYPAL -TERMS OF USE, AVAILABLE AT HTTPS://WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA/USERAGREEMENT-FULL OR - IF THE CUSTOMER DOES NOT HAVE A PAYPAL ACCOUNT - SUBJECT TO THE TERMS FOR PAYMENTS WITHOUT A PAYPAL ACCOUNT AVAILABLE AT HTTPS://WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA/PRIVACYWAX-FULL . IF THE CUSTOMER PAYS BY MEANS OF A PAYMENT TYPE OFFERED BY PAYPAL THAT CAN BE SELECTED IN THE ONLINE ORDERING PROCESS, THE SELLER NOW DECLARE ACCEPTANCE OF THE CUSTOMER'S OFFER AT THE TIME AT WHICH THE CUSTOMER CLICKS THE BUTTON THAT CONCLUDES THE ORDER PROCESS
2.5 WHEN SUBMITTING AN OFFER VIA THE SELLER'S ONLINE ORDER FORM, THE TEXT OF THE CONTRACT WILL BE SAVED BY THE SELLER AFTER CONCLUSION OF THE CONTRACT AND TRANSMITTED TO THE CUSTOMER IN TEXT FORM (E.G. E-MAIL, FAX OR LETTER) AFTER SUBMISSION OF HIS ORDER. THE SELLER DOES NOT MAKE ACCESS TO THE CONTRACT TEXT GOING ABOVE. IF THE CUSTOMER HAS ESTABLISHED A USER ACCOUNT IN THE SELLER'S ONLINE SHOP BEFORE SENDING THEIR ORDER, THE ORDER DATA WILL BE ARCHIVED ON THE SELLER'S WEBSITE AND CAN BE RETRIEVED FREE OF CHARGE BY THE CUSTOMER USING THEIR PASSWORD-PROTECTED USER ACCOUNT BY ENTERING THE CORRESPONDING LOGIN DATA.
2.6 BEFORE PLACING THE ORDER VIA THE SELLER'S ONLINE ORDER FORM, THE CUSTOMER CAN IDENTIFY POSSIBLE ENTRY ERRORS BY CAREFULLY READING THE INFORMATION SHOWN ON THE SCREEN. AN EFFECTIVE TECHNICAL MEANS FOR BETTER RECOGNITION OF INPUT ERRORS CAN BE THE MAGNIFYING FUNCTION OF THE BROWSER, WITH WHICH HELP THE DISPLAY ON THE SCREEN IS ENLARGED. THE CUSTOMER CAN CORRECT HIS ENTRY DURING THE ELECTRONIC ORDERING PROCESS USING THE USUAL KEYBOARD AND MOUSE FUNCTIONS UNTIL HE CLICKS THE BUTTON, WHICH CONCLUDES THE ORDERING PROCESS
2.7 GERMAN AND ENGLISH LANGUAGES ARE AVAILABLE FOR THE CONCLUSION OF THE CONTRACT.
2.8 ORDER PROCESSING AND CONTACT USUALLY TAKE PLACE VIA EMAIL AND AUTOMATED ORDER PROCESSING. THE CUSTOMER MUST ENSURE THAT THE EMAIL ADDRESS SUPPLIED BY THE CUSTOMER TO PROCESS THE ORDER IS CORRECT SO THAT THE EMAILS SENT BY THE SELLER CAN BE RECEIVED AT THIS ADDRESS. IN PARTICULAR, WHEN USING SPAM FILTERS, THE CUSTOMER MUST ENSURE THAT ALL EMAILS SENT BY THE SELLER OR BY THIRD PARTIES COMMISSIONED WITH THE ORDER PROCESSING CAN BE DELIVERED.
3) RIGHT OF WITHDRAWAL
3.1 CONSUMERS HAVE THE RIGHT OF WITHDRAWAL.
3.2 FURTHER INFORMATION ON THE RIGHT OF WITHDRAWAL RESULTS FROM THE SELLER'S RIGHT OF WITHDRAWAL.
3.3 THE RIGHT OF WITHDRAWAL DOES NOT APPLY TO CONSUMERS WHO DO NOT BELONG TO A MEMBER STATE OF THE EUROPEAN UNION AT THE TIME OF THE CONCLUSION OF THE CONTRACT AND WHOSE RESIDENCE AND DELIVERY ADDRESS ARE OUTSIDE THE EUROPEAN UNION AT THE TIME OF THE CONCLUSION OF THE CONTRACT
4) PRICES AND PAYMENT TERMS
4.1 UNLESS OTHERWISE INDICATED IN THE SELLER'S PRODUCT DESCRIPTION, THE PRICES SHOWN ARE TOTAL PRICES AND INCLUDE VALUE ADDED TAX. ANY ADDITIONAL DELIVERY AND SHIPPING COSTS ARE SPECIFIED SEPARATELY IN THE RESPECTIVE PRODUCT DESCRIPTION.
4.2 FOR DELIVERIES TO COUNTRIES OUTSIDE THE EUROPEAN UNION, ADDITIONAL COSTS MAY INCUR IN INDIVIDUAL CASES, WHICH THE SELLER IS NOT RESPONSIBLE FOR AND WHICH HAVE TO BE BORNE BY THE CUSTOMER. THIS INCLUDES, FOR EXAMPLE, COSTS FOR TRANSMITTING MONEY THROUGH CREDIT INSTITUTIONS (EG TRANSFER FEES, EXCHANGE RATE FEES) OR IMPORT TAXES OR TAXES (EG DUTIES). SUCH COSTS MAY INCUR WITH RESPECT TO TRANSFER OF MONEY EVEN IF THE CUSTOMER MAKES THE PAYMENT FROM A COUNTRY OUTSIDE THE EUROPEAN UNION, NOT FROM A COUNTRY OUTSIDE THE EUROPEAN UNION FROM VORNIM
4.3 THE PAYMENT OPTION(S) WILL BE DISCLOSED TO THE CUSTOMER IN THE SELLER'S ONLINE STORE.
4.4 IF ADVANCE PAYMENT BY BANK TRANSFER AGREED, THE PAYMENT IS DUE IMMEDIATELY AFTER CONCLUSION OF THE CONTRACT, UNLESS THE PARTIES HAVE AGREED A LATER DUE DATE.
4.5 IF YOU SELECT A PAYMENT TYPE OFFERED THROUGH THE "PAYPAL" PAYMENT SERVICE, PAYMENT WILL BE PROCESSED THROUGH PAYPAL, WHEREAS PAYPAL CAN ALSO USE THE SERVICES OF THIRD-PARTY PAYMENT SERVICE PROVIDERS. IF THE SELLER ALSO OFFERS PAYMENT METHODS THROUGH PAYPAL, IN WHICH HE PAYS TO THE CUSTOMER IN ADVANCE (E.G. PURCHASE ON ACCOUNT OR PAYMENT IN INSTALLMENTS), HE ASSUMES HIS PAYMENT CLAIM TO PAYPAL RESPECTIVELY. TO THE PAYMENT SERVICE PROVIDER COMMISSIONED BY PAYPAL AND SPECIFICALLY NOMINATED TO THE CUSTOMER. PRIOR TO ACCEPTANCE OF THE SELLER'S DECLARATION OF ASSIGNMENT, PAYPAL OR THE PAYMENT SERVICE PROVIDER COMMISSIONED BY PAYPAL CARRIED OUT A CREDIT CHECK USING THE CUSTOMER DATA TRANSMITTED. THE SELLER RESERVES THE RIGHT TO REFUSE THE SELECTED PAYMENT METHOD TO THE CUSTOMER IN CASE OF A NEGATIVE TEST RESULT. IF THE SELECTED PAYMENT TYPE IS PERMITTED, THE CUSTOMER HAS TO PAY THE INVOICE AMOUNT WITHIN THE AGREED PAYMENT PERIOD OR TO PAY IN THE AGREED PAYMENT INTERVALS. IN THIS CASE IT CAN ONLY BE SENT TO PAYPAL OR PROVIDE THE PAYMENT SERVICE PROVIDER ENGAGED BY PAYPAL WITH DEBT RELEASE EFFECT. HOWEVER, THE SELLER REMAINS RESPONSIBLE FOR GENERAL CUSTOMER INQUIRIES, E.G. ABOUT THE GOODS, DELIVERY TIME, SHIPPING, RETURNS, COMPLAINTS, CANCELLATION DECLARATION AND SHIPMENTS OR CREDITS, EVEN IN THE EVENT OF THE ASSIGNMENT OF A CLAIM.
4.6 IF YOU SELECT A PAYMENT TYPE OFFERED THROUGH THE "SHOPIFY PAYMENTS" PAYMENT SERVICE, PAYMENT WILL BE PROCESSED THROUGH THE PAYMENT SERVICE PROVIDER STRIPE PAYMENTS EUROPE LTD., 1 GRAND CANAL STREET LOWER, GRAND CANAL DOCK, DUBLIN, IRELAND (HEREINAFTER "STRIPE"). THE INDIVIDUAL PAYMENT METHODS OFFERED THROUGH SHOPIFY PAYMENTS WILL BE NOTIFIED TO THE CUSTOMER IN THE SELLER'S ONLINE STORE. STRIPE MAY USE OTHER PAYMENT SERVICES FOR THE PROCESSING OF PAYMENTS. SPECIAL PAYMENT TERMS APPLY, TO WHICH THE CUSTOMER MAY. SEPARATELY NOTED. MORE INFORMATION ABOUT "SHOPIFY PAYMENTS" IS AVAILABLE ON THE WEB AT HTTPS://WWW.SHOPIFY.COM/LEGAL/TERMS-PAYMENTS-DE AVAILABLE.
5) DELIVERY AND SHIPPING TERMS
5.1 IF THE SELLER OFFERS SHIPPING OF THE GOODS, THE DELIVERY WILL BE MADE WITHIN THE DELIVERY AREA SPECIFIED BY THE SELLER TO THE DELIVERY ADDRESS SPECIFIED BY THE CUSTOMER, UNLESS OTHERWISE AGREED. THE SHIPPING ADDRESS PROVIDED IN THE SELLER'S ORDER PROCESSING ORDER WILL BE CONTROLLED IN THE PROCESSING OF THE TRANSACTION. WHEN SELECTING THE PAYMENT TYPE PAYPAL, THE DELIVERY ADDRESS FILED BY THE CUSTOMER WITH PAYPAL AT THE TIME OF PAYMENT IS DECISIVE
5.2 IF THE GOODS FAIL TO DELIVERY FOR REASONS BECAUSE OF THE CUSTOMER'S LIABILITY, THE CUSTOMER SHALL BEAR THE SELLER'S REASONABLE COST RESULTING FROM THIS REASON. THIS DOES NOT APPLY WITH RESPECT TO THE COSTS OF DELIVERY IF THE CUSTOMER EFFECTIVELY EXERCISES HIS RIGHT OF WITHDRAWAL. IF THE CUSTOMER EFFECTIVELY EXERCISES THE RIGHT OF WITHDRAWAL, THE REGULATION MADE IN THE SELLER'S RIGHT OF WITHDRAWAL APPLIES TO THE RETURN COSTS.
5.3 IF THE CUSTOMER ACTS AS AN ENTREPRENEUR, THE RISK OF ACCIDENTAL LOST AND ACCIDENTAL DETERIORATION OF THE GOODS SOLD TRANSFERS TO THE CUSTOMER AS SOON AS THE SELLER DELIVERS THE GOODS TO THE FORWARDER, CARRIER OR OTHER PERSON OR ENTITY INTENDED TO CARRY OUT THE SHIPMENT HAS. IF THE CUSTOMER ACTS AS A CONSUMER, THE RISK OF ACCIDENTAL LOSS AND ACCIDENTAL DETERIORATION OF THE GOODS SOLD ONLY PASSES UPON THE DELIVERY OF THE GOODS TO THE CUSTOMER OR AN AUTHORIZED PERSON. OTHERWISE, THE RISK OF ACCIDENTAL LOSING AND ACCIDENTAL DETERIORATION OF THE GOODS SOLD ALREADY PASSES TO THE CUSTOMER, EVEN FOR CONSUMERS, AS SOON AS THE SELLER HAS DELIVERED THE GOODS TO THE FORWARDER, CARRIER OR OTHER PERSON OR INSTITUTION INTENDED TO PERFORM THE SHIPPING IF THE CUSTOMER APPOINTS THE FORWARDER, CARRIER OR OTHER PERSON OR ENTITY INTENDED TO PERFORM THE SHIPPING WITH THE EXECUTION AND THE SELLER HAS NOT NAMED THIS PERSON OR ENTITY TO THE CUSTOMER BEFORE.
5.4 THE SELLER RESERVES THE RIGHT TO WITHDRAW FROM THE CONTRACT IN CASE OF INCORRECT OR IMPROPER SELF-DELIVERY. THIS ONLY APPLIES IN THE EVENT THAT THE NON-DELIVERY IS NOT THE RESPONSIBILITY OF THE SELLER AND THE SELLER HAS CONCLUDED A SPECIFIC COVERING DEAL WITH THE SUPPLIER WITH THE REQUIRED CARE. SELLER WILL MAKE ALL REASONABLE EFFORTS TO OBTAIN THE GOODS. IN CASE OF UNAVAILABILITY OR PARTIAL AVAILABILITY OF THE GOODS, THE CUSTOMER WILL BE INFORMED IMMEDIATELY AND THE CONSIDERATION WILL BE REFUNDED IMMEDIATELY
5.5 PICK-UP IS NOT POSSIBLE FOR LOGISTICAL REASONS.
5.6 VOUCHERS WILL BE DELIVERED TO THE CUSTOMER AS FOLLOWS:
- BY EMAIL
6) RESERVATION OF TITLE
IF THE SELLER PAYS IN ADVANCE, HE RETAINS OWNERSHIP OF THE DELIVERED GOODS UNTIL THE PAYMENT OF THE OBLIGATED PURCHASE PRICE IS FULL.
7) LIABILITY FOR DEFECTS (GUARANTEE)
7.1 UNLESS THE FOLLOWING REGULATIONS PROVIDE OTHERWISE, THE REGULATIONS OF THE STATUTORY LIABILITY FOR DEFECTS APPLY. CONTRACTS FOR THE DELIVERY OF GOODS CONTRACT DEVIATIONS:
7.2 IF THE CUSTOMER ACTS AS AN ENTREPRENEUR,
· THE SELLER HAS THE CHOICE OF THE TYPE OF SUBSEQUENT PERFORMANCE;
· FOR NEW GOODS, THE LIMITATION PERIOD FOR DEFECTS IS ONE YEAR FROM THE DELIVERY OF THE GOODS;
· USED GOODS ARE NOT RIGHTS AND REMEDIES FOR DEFECTS;
· THE LIMITATION OF LIMITATIONS WILL NOT START AGAIN IF A REPLACEMENT IS MADE UNDER THE LIABILITY FOR DEFECTS.
7.3 THE ABOVE LIMITATIONS OF LIABILITY AND REDUCTION OF TERMS WILL NOT APPLY
FOR DAMAGES AND REIMBURSEMENT CLAIMS BY THE CUSTOMER,
· IN THE EVENT THAT THE SELLER HAS DEFECTIVELY HIS CONCERNED THE DEFECT,
FOR GOODS WHICH HAVE BEEN USED IN A BUILDING IN ACCORDANCE WITH THEIR NORMAL USE AND HAVE CAUSED ITS DEFECTIVITY,
· FOR AN EVENT. EXISTING OBLIGATION OF SELLER TO PROVIDE UPDATES TO DIGITAL PRODUCTS IN CONTRACTS FOR THE SUPPLY OF GOODS INCLUDING DIGITAL ITEMS.
7.4 IN ADDITION, APPLIES TO COMPANIES THAT THE STATUTORY LIMITATION PERIODS FOR A GGF. EXISTING STATUTORY REMEDIES REMAIN UNAFFECTED.
7.5 IF THE CUSTOMER ACTS AS A BUSINESSMAN ISD § 1 HGB, HIM HAS THE COMMERCIAL INVESTIGATION AND REJECTION OBLIGATION ACCORDING TO § 377 HGB. IF THE CUSTOMER FAILS TO COMPLY WITH THE REGULATED INFORMATION REQUIREMENTS, THE GOODS WILL BE DEEMED APPROVED
7.6 IF THE CUSTOMER ACTS AS A CONSUMER, THEY ARE REQUESTED TO COMPLAINT DELIVERED GOODS WITH OBVIOUS TRANSPORT DAMAGE TO THE DELIVERY MANAGER AND TO INFORM THE SELLER OF THIS. CUSTOMER'S FAILURE TO COMPLY WITH THIS WILL NOT AFFECT CUSTOMER'S STATUTORY OR CONTRACTUAL RIGHTS FOR DEFECTS.
8) SPECIAL CONDITIONS FOR THE PROCESSING OF GOODS ACCORDING TO SPECIFIC CUSTOMER SPECIFICATIONS
8.1 IF, ACCORDING TO THE CONTENT OF THE CONTRACT, THE SELLER OBLIGES TO PROCESS THE GOODS IN ACCORDANCE WITH CERTAIN SPECIFICATIONS OF THE CUSTOMER IN ADDITION TO THE DELIVERY OF THE GOODS, THE CUSTOMER HAS TO PROVIDE THE SELLER WITH ALL CONTENT REQUIRED FOR THE PROCESSING, SUCH AS TEXTS, IMAGES OR GRAPHICS IN THE FILE FORMATS, FORMATTING, SPECIFIED BY THE SELLER, IMAGE - AND FILE SIZES AVAILABLE AND TO GRANT HIM THE NECESSARY RIGHTS OF USE. THE CUSTOMER IS SOLELY RESPONSIBLE FOR OBTAINING AND ACQUIRING RIGHTS TO THIS CONTENT. CUSTOMER ACKNOWLEDGES AND ACKNOWLEDGES RESPONSIBILITY THAT CUSTOMER HAS THE RIGHT TO USE THE CONTENT PROVIDED TO SELLER. IN PARTICULAR, HE MAKES SURE THAT NO THIRD PARTY RIGHTS ARE INFRINGED BY THIS, IN PARTICULAR COPYRIGHT, TRADEMARK AND PERSONAL RIGHTS
8.2 CUSTOMER SHALL REPRESENT SELLER AGAINST ANY CLAIMS THAT THEY MAY MAKE AGAINST ANY INFRINGEMENT OF THEIR RIGHTS BY SELLER'S USE OF CUSTOMER'S CONTENT IN ACCORDANCE WITH SELLER. THE CUSTOMER ALSO ASSUMES THE NECESSARY COSTS OF LEGAL DEFENSE INCLUDING ALL COURT COSTS AND LEGAL COSTS AT THE LEGAL AMOUNT. THIS DOES NOT APPLY IF THE CUSTOMER IS NOT RESPONSIBLE FOR THE INFRINGEMENT. IN THE EVENT OF A THIRD PARTY CLAIM, THE CUSTOMER IS OBLIGATED TO PROVIDE THE SELLER WITHOUT TIME, TRUTH AND COMPLETELY ALL INFORMATION NECESSARY FOR THE EVALUATION OF THE CLAIM AND A DEFENSE SI
8.3 THE SELLER RESERVES THE RIGHT TO REFUSE PROCESSING ORDERS IF THE CONTENT SUPPLIED BY THE CUSTOMER VIOLATIONS WITH LEGAL OR OFFICIAL PROHIBITIONS OR VIOLATIONS. THIS APPLIES IN PARTICULAR TO THE LOSSING OF ANTI-CONSTITUTIONAL, RACIST, XENOPHOBILITY, DISCRIMINATORY, OFFENSIVE, YOUTH-ENDANGERING AND/OR VIOLENCE-GLORIOUS CONTENT
9) REDEMPTION OF PROMOTIONAL VOUCHERS
9.1 VOUCHERS WHICH ARE ISSUED FREE OF CHARGE BY THE SELLER AS PART OF ADVERTISING PROMOTIONS WITH A CERTAIN VALID PERIOD AND WHICH CANNOT BE PURCHASED BY THE CUSTOMER (HEREINAFTER "PROMOTION VOUCHERS") CAN ONLY BE PURCHASED IN THE SELLER'S ONLINE SHOP AND ONLY IN THE SPECIFIED PERIOD TO BE REDEEMED.
9.2 PROMOTION VOUCHERS CAN ONLY BE REDEEMED BY CONSUMERS.
9.3 INDIVIDUAL PRODUCTS MAY BE EXCLUDED FROM THE COUPON PROMOTION IF THE CONTENT OF THE PROMOTION COUPON PROVIDES A SUCH LIMITATION.
9.4 PROMOTIONAL VOUCHERS CAN ONLY BE REDEEMED BEFORE THE ORDER PROCESS IS COMPLETED. SUBSEQUENT BILLING IS NOT POSSIBLE.
9.5 ONLY ONE PROMOTIONAL VOUCHER CAN BE REDEEMED PER ORDER.
9.6 THE VALUE OF THE GOODS MUST BE AT LEAST THE AMOUNT OF THE PROMOTIONAL VOUCHER. ANY REMAINING BALANCE WILL NOT BE REFUNDED BY THE SELLER.
9.7 IF THE VALUE OF THE PROMOTIONAL VOUCHER IS NOT SUFFICIENT TO COVER THE ORDER, ONE OF THE OTHER PAYMENT METHODS OFFERED BY THE SELLER CAN BE CHOSEN TO PAY THE DIFFERENCE.
9.8 THE BALANCE OF A PROMOTIONAL VOUCHER WILL NOT BE PAID IN CASH NOR INTEREST.
9.9 THE PROMOTIONAL VOUCHER WILL NOT BE REFUNDED IF THE CUSTOMER RETURNS THE GOODS PAYED FOR IN WHOLE OR PARTIALLY WITH THE PROMOTIONAL VOUCHER UNDER HIS STATUTORY RIGHT OF WITHDRAWAL.
9.10 THE PROMOTIONAL VOUCHER IS TRANSFERABLE. THE SELLER MAY PAY WITH RELEASING EFFECT TO THE RESPECTIVE HOLDER WHO REDEEMS THE PROMOTIONAL VOUCHER IN THE SELLER'S ONLINE STORE. THIS DOES NOT APPLY IF THE SELLER HAS KNOWLEDGE OR GROSS NEGLIGENCE OF THE NON-AUTHORIZATION, INCAPACITY OR LACK OF AUTHORITY TO REPRESENT THE RESPECTIVE OWNER.
10) REDEMPTION OF GIFT CERTIFICATES
10.1 VOUCHERS THAT CAN BE PURCHASED THROUGH THE SELLER'S ONLINE STORE (HEREINAFTER "GIFT VOUCHERS") CAN ONLY BE REDEEMED IN THE SELLER'S ONLINE STORE, UNLESS THE VOUCHER STATED OTHERWISE.
10.2 GIFT VOUCHERS AND REMAINING BALANCE ON GIFT VOUCHERS CAN BE REDEEMED UNTIL THE END OF THE THIRD YEAR AFTER THE YEAR OF VOUCHER PURCHASE. REMAINING BALANCE WILL BE CREDITED TO THE CUSTOMER BY THE EXPIRY DATE.
10.3 GIFT VOUCHERS CAN ONLY BE REDEEMED BEFORE THE ORDER PROCESS IS COMPLETED. SUBSEQUENT BILLING IS NOT POSSIBLE.
10.4 ONLY ONE GIFT VOUCHER CAN BE REDEEMED PER ORDER.
10.5 GIFT VOUCHERS CAN ONLY BE USED FOR THE PURCHASE OF GOODS AND NOT FOR THE PURCHASE OF ANY OTHER GIFT VOUCHERS.
10.6 IF THE VALUE OF THE GIFT VOUCHER IS NOT SUFFICIENT TO COVER THE ORDER, ONE OF THE OTHER PAYMENT METHODS OFFERED BY THE SELLER CAN BE CHOSEN TO PAY THE DIFFERENCE.
10.7 THE BALANCE OF A GIFT CARD WILL NOT BE PAID IN CASH NOR INTEREST.
10.8 THE GIFT CERTIFICATE IS TRANSFERABLE. SELLER MAY PAY WITH RELEASING EFFECT TO THE RESPECTIVE HOLDER WHO REDEEMS THE GIFT CERTIFICATE AT SELLER'S ONLINE STORE. THIS DOES NOT APPLY IF THE SELLER HAS KNOWLEDGE OR GROSS NEGLIGENCE OF THE NON-AUTHORIZATION, INCAPACITY OR LACK OF AUTHORITY TO REPRESENT THE RESPECTIVE OWNER.
11) GOVERNING LAW
11.1 THE LAW OF THE FEDERAL REPUBLIC OF GERMANY APPLIES TO ALL LEGAL RELATIONSHIPS OF THE PARTIES TO THE EXCLUSION OF THE LAWS ON THE INTERNATIONAL PURCHASE OF MOVABLE GOODS. FOR CONSUMERS, SUCH CHOICE WILL APPLY ONLY TO THE EXTENT THAT THE PROTECTION PROVIDED BY MANDATORY PROVISIONS OF THE LAW OF THE CONSUMER'S STATE OF ORDINARY RESIDENCE WILL NOT BE TAKEN OVER.
11.2 FURTHER, THIS CHOICE OF LAW REGARDING THE STATUTORY RIGHT OF WITHDRAWAL DOES NOT APPLY TO CONSUMERS WHO DO NOT BELONG TO A MEMBER STATE OF THE EUROPEAN UNION AT THE TIME OF THE CONCLUSION OF THE CONTRACT AND WHOSE SOLE RESIDENCE AND DELIVERY ADDRESS AT THE TIME OF THE CONCLUSION OF THE CONTRACT IS OUTSIDE THE EUROPEAN UNION LYING
12) JURISDICTION
IF THE CUSTOMER ACTS AS A MERCHANT, A LEGAL ENTITY UNDER PUBLIC LAW OR A PUBLIC-LEGAL SPECIAL INVESTMENT WITH A RESIDENCE IN THE FEDERAL TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY, THE EXCLUSIVE PLACE OF JURISDICTION FOR ALL DISPUTES ARISING FROM THIS AGREEMENT IS THE BUSINESS HEADQUARTERS OF THE SELLER. IF THE CUSTOMER IS LOCATED OUTSIDE THE TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY, THE SELLER'S BUSINESS RESIDENCE SHALL BE THE EXCLUSIVE PLACE OF JURISDICTION FOR ALL DISPUTES ARISING FROM THIS AGREEMENT, IF THE CONTRACT OR CLAIMS ARISING FROM THE CONTRACT ARE ASTRIBUTED TO THE CUSTOMER'S PROFESSIONAL OR COMMERCIAL ACTIVITY CAN BE. HOWEVER, IN THE FOREGOING CASES, THE SELLER IS ALWAYS RIGHT TO APPLY TO THE COURT AT THE CUSTOMER'S RESIDENCE
13) ALTERNATIVE DISPUTE RESOLUTION
13.1 THE EU COMMISSION PROVIDES A PLATFORM FOR ONLINE DISPUTE RESOLUTION ON THE INTERNET UNDER THE FOLLOWING LINK: HTTPS://EC.EUROPA.EU/CONSUMERS/ODR
THIS PLATFORM SERVES AS A PLACE FOR THE OUT-OF-COURT RESOLUTION OF DISPUTES ARISING FROM ONLINE PURCHASE OR SERVICE CONTRACTS IN WHICH A CONSUMER IS INVOLVED
13.2 SELLER IS NEITHER OBLIGATED NOR WILLING TO PARTICIPATE IN A DISPUTE RESOLUTION PROCEEDING BEFORE A CONSUMER ARBITRATION BODY.

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